September 21, 2000: A US ambassador loses his security clearance after working on classified information on an airplane flight.

Martin Indyk (Credit: Paul Richards / Getty Images)

Martin Indyk (Credit: Paul Richards / Getty Images)

US Ambassador to Israel Martin Indyk has his security clearance taken away after the FBI began investigating whether he prepared classified memos about meetings with foreign leaders using an unclassified laptop computer on an airplane flight. Investigators say there was no evidence of espionage or of the exposure any classified information.

A month later, Indyk’s clearance will be restored after a flare-up between Israel and the Palestinian territories results in the worst violence there in a decade. The Clinton administration decides it needs Indyk’s diplomatic abilities to help deal with the crisis. (The Los Angeles Times, 10/11/2000)

January 19–20, 2001: John Deutch pleads guilty to mishandling government secrets, then Bill Clinton pardons him.

CIA Director John Deutch (Credit: public domain

CIA Director John Deutch (Credit: public domain

Deutch was CIA director from May 1995 to December 1996. Shortly after he retired from the job, it was discovered that he stored and processed hundreds of highly classified government files on unprotected home computers that he and his family also used to connect to the Internet. An investigation began which dragged on for years. He was stripped of his CIA security clearance in 1999.

On January 19, 2001, Deutch agrees to plead guilty to a misdemeanor for mishandling government secrets as part of a plea bargain with the Justice Department. However, just one day later, President Bill Clinton officially pardons him. This is Clinton’s last day as president. (The Associated Press, 1/24/2001)

August 22, 2001: A top al-Qaeda expert quits the FBI due to fallout from a briefcase incident.

John P. O'Neill (Credit: public domain)

John P. O’Neill (Credit: public domain)

John O’Neill, considered the FBI’s top expert on al-Qaeda, retires from the bureau. In July 2000, he left a briefcase containing classified documents in a room with other FBI agents while he went outside to take a cell phone call. His briefcase was missing when he returned. It was recovered by police a short time later with only a pen and lighter missing. Fingerdusting revealed the documents were never touched, and a Justice Department investigation cleared him of any criminal wrongdoing.

However, he felt the incident damaged his career so much that he took a job offer to work as head of security at the World Trade Center. He is killed on 9/11 just a couple of weeks after starting his new job. (PBS Frontline, 10/3/2002) (US Department of State, 3/31/2016)

January 1, 2003: An FBI agent is charged with gross negligence but pleads guilty to lesser charges.

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Ex FBI agent James J. Smith (Credit: The Associated Press)

James Smith is an FBI agent for more than 20 years, running counterintelligence operations against Chinese spies. In 2003, three years after retiring from the FBI, he is arrested by the FBI and charged with gross negligence. He had a sexual relationship with a longtime source, Katrina Leung. He is alleged to have carried classified documents in a briefcase and sometimes left the case open and unattended while he visited her. Leung was believed to be a double agent working for the Chinese government but loyal to the FBI. However, she copied some of the documents, which were found in her safe. Smith is also charged with wire fraud for submitting false reports on Leung’s activities as an FBI asset.

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Katrina Leung makes the front cover of U.S. News & World Report on November 2, 2003. (Credit: public domain)

The original charges against Smith are later dropped in a plea deal whereby he pleads guilty to a single felony count of making false statements by failing to mention his affair with Leung. He is sentenced to three months of home confinement, three years of probation, and a $10,000 fine. It is alleged there was no damage to national security because the classified information never got further than Leung when she was arrested at the same time he was.

Leung is charged with obtaining and keeping classified documents in violation of the Espionage Act, but without an explicit charge of espionage. She also strikes a plea deal, pleading guilty to making a false statement and filing a false tax return. She is sentenced to probation.

In July 2016, FBI Director James Comey will announce he is not going to charge Clinton with gross negligence, claiming only one other person, Smith, has been charged with it in 100 years. (Politico, 7/7/2016)

April 1, 2005: Sandy Berger pleads guilty to the unlawful removal and retention of national security information.

National Security Advisor Sandy Berger (Credit: Washington Life Magazine)

National Security Advisor Sandy Berger (Credit: Washington Life Magazine)

Former National Security Advisor Berger was caught trying to smuggle classified documents out of the National Archives and Records Administration (NARA). (The Los Angeles Times, 3/27/2016Berger took five copies of a memorandum called the “Millennium Alert After Action Report” and later destroyed three of them. (Real Clear Politics, 1/15/2007(The Washington Post, 4/1/2005)

March 30, 2006: An NSA employee gets six years for taking home NSA manuals.

Kenneth W. Ford Jr. (Credit: public domain)

Kenneth W. Ford Jr. (Credit: public domain)

Kenneth W. Ford Jr., a former National Security Agency (NSA) employee, is found guilty of illegally storing classified papers in his home. He is sentenced to six years in prison.

On his last day working for the NSA in 2003, he took home manuals about NSA computers and electronic networks. His home was raided a month later after a tip-off. He didn’t do anything with the material but prosecutors argued he might have tried to sell them or use them for a future employer later. (The Baltimore Sun, 3/31/2006)

April 11, 2006: A TSA whistleblower is improperly fired and accused of leaking classified information.

Robert MacLean (Credit: public domain)

Robert MacLean (Credit: public domain)

In early April 2006, TSA [Transportation Security Administration] official Robert MacLean appears on NBC News incognito to complain that the TSA is requiring sky marshals to wear suits and ties, making them easily identifiable to potential terrorists. But his identity is somehow discovered by the TSA, and he is fired on April 11, 2006.

The TSA claims he leaked “Sensitive Security Information.” However, he argues that the text message he leaked wasn’t marked as classified and was sent to sky marshals over regular phone lines.

In 2014, after years of legal battles, the US Supreme Court will rule that the Whistleblower Protection Act prevented his firing. A year later, he will be reinstated, but he says he is still fighting with the TSA.

In September 2015, he will note similarities between his case and Clinton’s email scandal, but he predicts she will have an easier time than he did. “There’s just a different standard for whistleblowers than for politicians.” (McClatchy Newspapers, 9/29/2015)

January 1, 2007: An NSA whistleblower is harassed by the government despite no evidence against him.

William Binney (Credit: Thomas Peter / Reuters)

William Binney (Credit: Thomas Peter / Reuters)

In 2002, William Binney, a recently retired NSA [National Security Agency] official, alerted the Defense Department’s inspector general that the department is wasting over $3 billion on a new system to track Internet data, when it could be done for $3 million instead.

In 2007, the FBI searches his home in a hunt for whoever leaked details of a secret post-9/11 domestic wiretapping program. He isn’t prosecuted, since he had nothing to do with that leak, but government officials “blackball” his consulting firm for intelligence agencies, costing him millions of dollars. He is wiretapped, stripped of his security clearance, and threatened with prosecution for two years.

In 2015, he will complain that he was unfairly targeted because he was a whistleblower. He says Clinton and other top ranking officials will never get prosecuted, no matter what they do. “These people are above the law.” (McClatchy Newspapers, 9/29/2015)

April 1, 2010: An NSA official is convicted for possessing a document not marked classified.

Thomas Drake (Credit: H. Darr Beiser / USA Today)

Thomas Drake (Credit: H. Darr Beiser / USA Today)

Whistleblower Thomas Drake, a former senior National Security Agency (NSA) official, is indicted under the Espionage Act for keeping an NSA email printout at home that was not marked as classified. Drake will later plead guilty to a misdemeanor.

In contrast to this case, Clinton and some of her supporters will later claim that she does not face legal jeopardy if the emails on her private server were not explicitly labeled as classified. (The New York Times, 8/8/2015)

February 26, 2012: The Obama administration punishes whistleblowers for leaks, but not high-ranking officials leaking favorable information.

Obama signs The Whistleblower Protection Enhancement Act on November 27, 2012. (Credit: public domain)

Obama signs The Whistleblower Protection Enhancement Act on November 27, 2012. (Credit: public domain)

The New York Times reports that “[t]he Obama administration, which promised during its transition to power that it would enhance ‘whistleblower laws to protect federal workers,’ has been more prone than any administration in history in trying to silence and prosecute federal workers. The Espionage Act, enacted back in 1917 to punish those who gave aid to our enemies, was used three times in all the prior administrations to bring cases against government officials accused of providing classified information to the media. It has been used six times since the current president took office.”

ABC News reporter Jake Tapper says: “I have been following all of these cases, and it’s not like they are instances of government employees leaking the location of secret nuclear sites. These are classic whistle-blower cases that dealt with questionable behavior by government officials or its agents acting in the name of protecting America.”

The Times concludes, “There is plenty of authorized leaking going on, but this particular boat leaks from the top. Leaks from the decks below, especially ones that might embarrass the administration, have been dealt with very differently.” (The New York Times, 2/26/2016)

Summer 2012: A Marine is fired for giving an urgent warning that mentions classified information.

Jason Brezler walks with Afghan children in Afghanistan. (Credit: Corporal Zach Nola)

Jason Brezler walks with Afghan children in Afghanistan. (Credit: Corporal Zach Nola)

Marine Major Jason Brezler sends an email attachment over an unsecure line in an urgent attempt to save the lives of other Marines in Afghanistan. The message is classified, but not marked as such, as Brezler doesn’t know it is classified at the time. The message warns other Marines about the imminent arrival of corrupt Afghan official.

Three weeks later, three Marines will be shot and killed inside a US base by an associate of the official. After finding out that his message contained classified information, Brezler reports this to his superiors. He is later investigated and given an unwanted honorable discharge from the Marines as a result.

The media will later note the similarity between Brezler’s case and Clinton’s. In 2015, the Daily Beast will quote a friend of Brezler’s, who asks him: “Hey, Jason, what did you do that Hillary didn’t?” (The Daily Beast, 8/13/2015)

September 18, 2012—February 2013: A nuclear energy whistleblower is targeted for allegedly having classified information on a computer.

Lawrence Criscione (Credit: Michael Weaver / McClatchy)

Lawrence Criscione (Credit: Michael Weaver / McClatchy)

On September 18, 2012,  NRC [Nuclear Regulatory Commission] engineer Lawrence Criscione sends a long letter to NRC chair Allison Macfarlane about dangerous problems at the Oconee nuclear plant in South Carolina. He shares the letter with 13 members of Congress.

One day later, the NRC’s inspector general begins investigating if he illegally made information marked “For Official Use Only” public. Another government agency soon rules that such information is an “unofficial administrative marking that has no legal import.”

But in February 2013, the inspector general nevertheless asks the Justice Department to charge him with misusing his government computer to transmit sensitive information. Several days later, the department decides not to prosecute him. But it takes another 13 months before he is formally cleared.

Speaking in 2015, Criscione believes he was unfairly targeted to discourage other whistleblowers. Referring to Clinton’s email scandal, he says, “If a career civil servant had a server with ‘top secret’ information in his basement, he would without a doubt do time” in prison. (McClatchy Newspapers, 9/29/2015)

October 22, 2012: A CIA official goes to prison for giving classified information to a reporter.

John Kiriakou (Credit: The Associated Press)

John Kiriakou (Credit: The Associated Press)

CIA officer John Kiriakou pleads guilty to disclosing classified information about a covert CIA officer that connected that person to a specific operation. Kiriakou is actually a whistleblower helping to expose the CIA’s torture of some prisoners. He is the first CIA officer to be convicted for passing classified information to a reporter, even though the reporter didn’t publish the name of the operative. He is sentenced to 30 months in prison. (BBC, 2/28/2013) (The New York Times, 1/5/2013)

April 2, 2014: Former State Department arms expert Stephen Jin-Woo Kim is sentenced to 13 months in prison after sharing classified information with a reporter.

Stephen Jin-Woo Kim (Credit: Stephen Kim Legal Defense Trust)

Stephen Jin-Woo Kim (Credit: Stephen Kim Legal Defense Trust)

Kim pleads guilty to orally describing classified information from an intelligence report on North Korea’s nuclear program with Fox News reporter James Rosen. Prosecutors say Kim hurt US national security by indirectly alerting North Korea to what the US knew about that country’s capabilities. Kim says he wanted to bring more public attention to the threat posed by North Korea’s nuclear program. Kim also has pointed out that officials frequently leak classified information to reporters, but prosecutors say that the fact that other people do it doesn’t make it any less of a crime. (The Washington Post, 4/2/2014)

June 19, 2014: A Naval officer pleads guilty to storing classified documents on a home computer.

Chief Petty Officer Lyle White (right) signals to Australian Able Seaman Adam Hubbard as he prepares to rappel from an HH-60H Seahawk helicopter at Wheeler Army Airfield, Hawaii, on July 8, 2006. (Credit: Petty Officer 2nd Class Rebecca J. Moat, US Navy / Department of Defense)

Chief Petty Officer Lyle White (right) signals to Australian Able Seaman Adam Hubbard as he prepares to rappel from an HH-60H Seahawk helicopter at Wheeler Army Airfield, Hawaii, on July 8, 2006. (Credit: Petty Officer 2nd Class Rebecca J. Moat, US Navy / Department of Defense)

Naval Chief Petty Officer Lyle White pleads guilty to violating military regulations because he took classified documents from his Navy office and stored them on a hard drive in his house. He says he kept the documents out of convenience, because they were useful for when he was training other soldiers. White is sentenced to 60 days in prison and fined $10,000. The sentence is suspended, but a federal espionage conviction will remain on his record. (The Virginian-Pilot)

July 17, 2014: Former Navy contract linguist James Hitselberger pleads guilty to a misdemeanor charge of taking classified documents without authority.

He is sentenced to two weeks of time served, eight months of house arrest, and a $250 fine. While working as an Arabic linguist for the Navy in Bahrain, he printed two documents classified “secret” off of a classified computer system and attempted to leave a secure work area with them. He also was accused of sending some classified documents to a public archive at Stanford University’s Hoover Institution. (Politico, 4/25/2014)

April 23, 2015: Petraeus is given a remarkably lenient plea bargain despite his serious security violations.

CIA Director David Petraeus (Credit: public domain)

CIA Director David Petraeus (Credit: public domain)

A federal judge sentences former CIA director and general David Petraeus to two years of probation and a $100,000 fine for giving his biographer and lover, Paula Broadwell, access to notebooks, classified information about official meetings, war strategy, and intelligence capabilities. Petraeus had been the CIA director from 2011 to 2012, but he was forced to quit due to the scandal. (The New York Times, 4/23/2015) 

The FBI seeks jail time for him, but doesn’t get it due to the plea bargain with the Justice Department. The New York Times will later report that FBI Director James Comey made the case to Attorney General Eric Holder that “Mr. Petraeus deserved to face strenuous charges. But the Justice Department overruled the FBI, and the department allowed Mr. Petraeus to plead guilty to a misdemeanor.” (The New York Times, 10/16/2015) The sentence is considered surprisingly light, given the evidence.

In 2016, the Washington Post will report, “FBI officials were angered by the deal and predicted it would affect the outcome of other cases involving classified information.” One former US law enforcement official will complain the deal “was handled so lightly for his offense there isn’t a whole lot you can do.” (The Washington Post, 3/2/2016)

May 11, 2015: A former CIA official is sentenced to prison for giving the name of a CIA asset to a reporter.

Jeffrey Sterling (Credit: Gawker)

Jeffrey Sterling (Credit: Gawker)

Former CIA officer Jeffrey Sterling is sentenced to three and a half years in prison. He was convicted of nine criminal counts for leaking classified information to New York Times reporter James Risen in 2003. Prosecutors claimed it was a plot to embarrass the CIA, after he was fired from the agency in 2002. However, others have seen him as a whistleblower. It was alleged that in 2003, Sterling revealed information about a CIA operation to harm Iran’s nuclear program by having a scientist provide Iran with intentionally flawed nuclear component schematics. However, Risen wrote in a 2006 book that the operation was mismanaged and may have inadvertently aided Iran. Sterling also revealed his concerns about the program to the Senate Intelligence Committee in 2003.

US District Judge Leonie Brinkema says Sterling caused damage by effectively revealing the identity of someone working for the CIA, and “If you do knowingly reveal these secrets, there’s going to be a price to be paid.” (The Washington Post, 5/11/2015) (The New York Times, 1/26/2015)

July 29, 2015: Former Naval Reserve Commander Bryan Nishimura pleads guilty to transferring classified data from a government computer to a personal computer.

150729BryanNishimuraZeroHedge

Bryan Nishimura (Credit: Zero Hedge)

He is sentenced to two years probation and a $7,500 fine. He obtained a large amount of classified data and satellite imagery while serving in Afghanistan in 2007 and then brought it home in 2008. He apparently simply kept the information for himself, as he had a reputation for collecting things. He also destroyed evidence when he was investigated in 2012. (The Sacramento Bee, 7/29/2015)

August 17, 2015: A former State Department official claims Clinton is being given special treatment for her email scandal.

Peter van Buren (Credit: Burenwemeantwell)

Peter van Buren (Credit: Burenwemeantwell)

Peter van Buren was a department diplomat until he was fired in 2012 during Clinton’s tenure as secretary of state. He says, “I cannot conceive any other person in government being able to do what she did without being punished,” he says. Van Buren was fired for linking to WikiLeaks on his personal blog and other charges. But he claims he was punished for being a whistleblower and criticizing Clinton.

After a legal battle, the State Department withdrew their charges against him and he was able to retire with a full pension and benefits. (US News and World Report, 8/17/2015(The Washington Post, 3/14/2012)

September 29, 2015: Some former government whistleblowers believe that “the scales of justice weigh differently for [Clinton] and other senior officials than it does” for low-level government employees.

Danielle Bryan (Credit: The Project on Government Oversight)

Danielle Bryan (Credit: The Project on Government Oversight)

This is according to McClatchy Newspapers. Cabinet-level officials like John Deutch, Sandy Berger, Leon Panetta, and David Petraeus were charged with mishandling classified information, and yet all of them escaped jail. Thus, some believe that Clinton “will get off easy,” due to the politically powerful getting special treatment.

Danielle Brian, executive director of the Project On Government Oversight (POGO), says that whistleblowers who reveal confidential or classified information have “lost their livelihoods, have been prosecuted, have even had their homes raided for heroically trying to stop wrongdoing. This is a far cry from how politically connected senior officials who have actually mishandled classified information, either for convenience or for self-aggrandizement, are treated. This double standard is frankly un-American.” (McClatchy Newspapers, 9/29/2015)

January 28, 2016: The Navy’s intelligence chief had his security clearance suspended during an investigation, but Petraeus and Clinton did not.

Vice Admiral Ted Branch (Credit: public domain)

Vice Admiral Ted Branch (Credit: public domain)

Vice Admiral Ted Branch had his security clearance suspended in November 2013, after the Navy learned his name surfaced in a Justice Department-led corruption investigation involving dozens of Navy personnel. No evidence has emerged that he compromised military secrets or committed any crimes. However, over 800 days later he has neither been charged nor cleared. He is the head of the Navy’s intelligence division, but he has less access to classified information than the lowest ranking sailor. He can’t even walk into any office without it being swept by security personnel first to make sure any classified documents are locked up. (The Washington Post, 1/28/2016)

By contrast, news reports indicate that neither Clinton nor any of her top aides have had their security clearances suspended, despite the ongoing FBI’s investigation into the mismanagement of classified information in their unsecured emails. Additionally, when CIA Director David Petraeus came under FBI investigation for mismanaging classified information in late 2012, his security clearance also was not formally revoked. He only had it suspended after he resigned. (Bloomberg News, 2/4/2016)

May 27, 2016: US Naval Machinist Kristian Saucier pleads guilty for taking photos inside the attack submarine he had been working on.

Kristian Saucier (Credit: public domain)

Kristian Saucier (Credit: public domain)

He was arrested in May 2015 on charges that he took some pictures that included classified engineering spaces in the backgrounds. It does not appear he attempted to share the photos with anyone, but he threw a cell phone into a dumpster that contained the phone, and someone else found it and reported it. He pled guilty to one felony count of unlawful retention of national defense information. This is part of the Espionage Act, even though he has never been accused of espionage. Sentencing guidelines suggest he could get five to six years in prison.

Politico reports that some are comparing Saucier’s case to Clinton’s email scandal, and suggesting that the less powerful like Saucier face stiffer punishments. The photos he took have been deemed “confidential,” the lowest classification ranking, while Clinton had some emails on her unapproved private server at the higher rankings of “secret” and “top secret.” Edward MacMahon, a Virginia defense attorney not involved in the Saucier case, says: “Felony charges appear to be reserved for people of the lowest ranks. Everyone else who does it either doesn’t get charged or gets charged with a misdemeanor.” (The Navy Times, 8/1/2015) (Politico, 5/27/2016)

July 7, 2016: Comey says he didn’t recommend Clinton be charged because he couldn’t prove intent, despite the gross negligence law.

In Congressional testimony, FBI Director James Comey essentially argues that Clinton was guilty of gross negligence, which doesn’t require proof of intent, but he was only willing to indict her on intent-related charges, and there wasn’t enough evidence for that. He says: “Certainly, she should have known not to send classified information. As I said, that’s the definition of negligent. I think she was extremely careless. I think she was negligent. That, I could establish. What we can’t establish is that she acted with the necessary criminal intent.” (CNN, 7/7/2016)

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Representative William Hurd (Credit: Alchetron)

Representative William Hurd (R) asks, “What does it take for someone to misuse classified information and get in trouble for it?”

Comey answers, “It takes mishandling it and criminal intent.” He admits that Clinton mishandled the information by having it on a private server, but he doesn’t see evidence of criminal intent. (CNN, 7/7/2016)

He further comments, “There’s not evidence beyond a reasonable doubt that she knew she was receiving classified information or that she intended to retain it on her server. There’s evidence of that, but when I said there’s not clear evidence of intent, that’s what I meant. I could not, even if the Department of Justice would bring that case, I could not prove beyond a reasonable doubt those two elements.” (CNN, 7/7/2016)

At another point in the hearing, he argues, “The question of whether [what she did] amounts to gross negligence frankly is really not at the center of this because when I look at the history of the prosecutions and see, it’s been one case brought on a gross negligence theory.” (CNN, 7/7/2016)

The law criminalizing gross negligence in national security lapses was enacted in 1917. Comey says, “I know from 30 years there’s no way anybody at the Department of Justice is bringing a case against John Doe or Hillary Clinton for the second time in 100 years based on those facts.”

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James Smith (Credit: CNN)

The FBI later confirms to Politico that James Smith is the one case Comey is referring to. Smith, a longtime FBI agent, was arrested in 2003 and charged with gross negligence. However, he later pleaded guilty in return for having the charges reduced to one count of making false statements. (Politico, 7/7/2016)

But Comey’s claim that gross negligence has only been used once in recent decades is true only if one looks at cases brought by the Justice Department. Cases have also been brought in the military justice system.

Additionally, Politico points out, “Comey’s universe was also limited to cases actually brought, as opposed to threatened. The gross negligence charge is often on the table when prosecutors persuade defendants to plead guilty to the lesser misdemeanor offense of mishandling classified information.” (Politico, 7/7/2016)

Later in the hearing, Representative Blake Farenthold (R) says, “So Congress when they enacted that statute said ‘gross negligence.’ That doesn’t say ‘intent.’ So what are we going to have to enact to get you guys to prosecute something based on negligence or gross negligence? Are we going to have to add, ‘and oh by the way, we don’t mean — we really do mean you don’t have to have intent there?'”

Comey replies, “That’s a conversation for you all to have with the Department of Justice. But it would have to be something more than the statute enacted in 1917. Because for 99 years, they’ve been very worried about its constitutionality.” (CNN, 7/7/2016)

160707TimWalbergTwitter

Representative Tim Walberg (Credit: Twitter)

Representative Tim Walberg (R) asks him, “Do you believe that the — that since the Department of Justice hasn’t used the statute Congress passed, it’s invalid?”

Comey responds, “No. I think they are worried that it is invalid, that it will be challenged on Constitutional grounds, which is why they’ve used it extraordinarily sparingly in the decades.” (CNN, 7/7/2016)

During the hearing, it is pointed out several times that felony crime based on negligence and not intent are common at both the state and federal level, for intance manslaughter instead of murder, and their consitutionality has never been successfully challenged. At one point, Comey admits other negligence cases have been sustained in the federal system: “They’re mostly, as you talked about earlier, in the environmental and Food and Drug Administration [FDA] area.” (CNN, 7/7/2016)

But he is adamant about not indicting any cases without being able to prove intent. At one point, he even suggests he is philosophically opposed to any laws based on negligence when he mentions, “When I was in the private sector, I did a lot of work with the Chamber of Commerce to stop the criminalization of negligence in the United States.” (CNN, 7/7/2016)

July 7, 2016: The non-prosecution of Clinton could make it more difficult to get convictions in other cases.

160707GregoryGreinerpublicdomain

Gregory Greiner (Credit: public domain)

In the wake of FBI Director James Comey’s decision not to recommend Clinton’s indictment, the Washington Post reports, “The extraordinary case of Hillary Clinton and her emails raises intriguing questions for federal employees facing charges related to classified materials. … Because she has escaped prosecution, will others, too?”

Mark Zaid, a lawyer who specializes in national security employment cases, says that after former CIA Director David Petraeus got what was seen as a very generous plea deal, resulting in no prison time despite pleading guilty to mishandling classified material, he used that case to push for leniency for one of his clients “right away. I mean, literally, the ink was not dry.” Zaid’s client also was charged with mishandling classified information, but “We talked to the prosecutors and said, ‘We want the Petraeus deal.’ We got it.” Zaid plans to use Clinton’s case to push for leniency in future cases.

National security lawyer Gregory Greiner similarly argues that after Clinton’s non-prosecution, defense lawyers will try to raise the bar for prosecutors. He says that it only takes one person on a jury to argue that “this guy didn’t do anything different than what Hillary Clinton did.” (The Washington Post, 7/7/2016)

July 7, 2016: FBI Director Comey claims David Petraeus’ security violations were more serious than Clinton’s.

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David Petraeus (left), James Comey (center), Hillary Clinton (right) (Credit: public domain)

At a Congressional hearing, FBI Director James Comey is asked to compare the cases of Clinton and former CIA Director David Petraeus. Petraeus pled guilty to a misdemeanor in 2015 and served no jail time. Comey says that Petraeus’ case “illustrates the categories of behavior that mark prosecutions that are actually brought. Clearly intentional conduct. Knew what he was doing was violation of the law. Huge amounts of information if you couldn’t prove he knew, it raises the inference he did it, and effort to obstruct justice, that combination of things making it worthy of a prosecution. A misdemeanor prosecution but a prosecution nonetheless.” He says he stands by the FBI’s decision to prosecute Petraeus and not Clinton. (Politico, 7/7/2016) (CNN, 7/7/2016)

 

August 19, 2016: A sailor is denied a ‘Clinton Deal’ and gets one year in prison for six photos of submarine.

Kristian Saucier (Credit: public domain)

Kristian Saucier (Credit: public domain)

On May 27, 2016, US Naval Machinist Kristian Saucier pled guilty for taking photos inside the attack submarine he had been working on. The case attracts attention due to its similarity to the Clinton email controversy.

According to US News and World Report, Saucier is sentenced on August 19, 2016 by a “federal judge rebuffing a request for probation in light of authorities deciding not to prosecute Hillary Clinton for mishandling classified information on a private email server as secretary of state.”

Saucier’s attorney Derrick Hogan argued in a court filing that Clinton had been “engaging in acts similar to Mr. Saucier with information of much higher classification.” Hogan also stated, “It would be unjust and unfair for Mr. Saucier to receive any sentence other than probation for a crime those more powerful than him will likely avoid.”

US District Judge Stefan R. Underhill (Credit: Hearst CT News)

US District Judge Stefan Underhill (Credit: Hearst CT News)

Saucier is sentenced by US District Judge Stefan Underhill to one year in prison and a $100 fine, along with six months home confinement, 100 hours of community service, and a ban on owning guns. Prosecutors had asked for six years in prison.

Greg Rinckey, another defense attorney for Saucier,   says he isn’t sure if the judge was affected by the media attention comparing Saucier’s case with Clinton’s email controversy. However, he states Underhill “cryptically made some comments about selective prosecution and how that didn’t play any factor. … Do I think it may have? Sure. But I think there was enough mitigation that the judge was able to depart from the sentencing guidelines [on that basis alone].” (US News & World Report, 08/19/16)